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Fr-- 7 <br />Boo!( , 94 PAGE 36 <br />TO: Board of County Commissioners <br />FROM: Fran B. Adams, Vice Chairman <br />DATE: February S, 1995 <br />SUBJECT: Complaints of smoking in new courthouse <br />I have received complaints about smoking in the new courthouse. <br />This is in direct violation of our ordinance and the Clean Air <br />Act. This is also a major contaminant contributing to Sick <br />Building Syndrome. <br />We need to discuss our position on the matter and take some <br />action. <br />Commissioner Adams advised that she has received complaints <br />about smoking in the new Courthouse which is considered a public <br />building and inquired about enforcement of the regulations relative <br />to the "clean air" act. <br />Administrator Chandler advised that a policy was adopted 2 <br />weeks ago that there would be no smoking in that building. If <br />there is a problem, whether it be smoking or any of the other items <br />that were delineated in that policy, General Services Director <br />Sonny Dean has been designated as the person to attempt to resolve <br />these matters on an individual basis. If Director Dean is <br />unsuccessful, then the matter would be brought to the Board. Those <br />were the procedures spelled out in the policy that was adopted. <br />Commissioner Adams expressed her concern that we may <br />jeopardize an $11,000,000 courthouse because of the actions of a <br />few people. <br />County Attorney Vitunac advised the Board that smoking in a <br />public building is a violation of State law and the complainant can <br />go to the state attorney's office. This is a non -criminal <br />violation but it's a serious one because it would be the state <br />attorney's office taking the action. Under the County's powers as <br />a landlord and as the building owner, we have the normal powers <br />that a landlord has to make sure a tenant does not ruin the <br />building and that could include violation of the "clean air" <br />prohibitions. The first line is for Director Dean to talk to any <br />offender and impress upon them the importance of living up to our <br />rules. If no resolution is reached, the matter can then be <br />referred to the state's attorney. <br />FEBRUARY 14, 1995 38 <br />M <br />